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2026 DAILYLAW 9382 (GAU)

ALOM BADSHA AND 3 ORS. v. THE STATE OF ASSAM

Bail Appln./1673/2026 · 2026-07-13

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010124472026 2026:GAU-AS:9563 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1673/2026 ALOM BADSHA AND 3 ORS. S/O NALU SHEIKH, R/O VILL ASKIKANDI, PS PHULBARI, DIST WEST GARO HILLS, MEGHALAYA 2: SHAIFUL RAHMAN S/O OSIAL HOQUE R/O VILL ASKIKANDI PS PHULBARI DIST WEST GARO HILLS MEGHALAYA 3: MUZZAMEL HOQUE ALIAS MUZAMMEL HOQUE S/O MOHOR ALI R/O VILL RAJPUR PS PHULBARI DIST WEST GARO HILLS MEGHALAYA 4: DILDAR HUSSAIN SO LATE GAZIR RAHMAN RO VILL ASKIRKANDI PS PHULBARI DIST WEST GARO HILLS MEGHALAYA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR A H AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 14.07.2026 Heard Mr A H Ahmed, learned counsel appearing for the accused applicant. Also heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, praying for bail of the accused applicants, namely, 1) Alom Badsha, 2) Shaiful Rahman, and 3) Muzzamel Hoque @ Muzammel Hoque, in connection with Lakhipur PS Case No. 79/2026 (corresponding to GR No. 418/2026), under Sections 132/325/303(1)/317(2)/3(5) of the BNS, 2023, read with Section 11(1)(a)/11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, read with Section 13 (1) of the Assam Cattle Preservation Act, 2021. 3. The gist of the case is that on receipt of a secret information on 21.05.2026, the Police party tried to intercept the vehicle which was carrying cattle at Dhamurbazar, that the vehicle which was coming in a high speed fled away. However, since the tyres of vehicle were punctured, the vehicle had to stop after certain distance and the people inside the vehicle along with the cattles were recovered by the Police. The Police found that two cattles had already died due to suffocation inside the vehicle and they had been brutally tied by the people travelling in the vehicle. The Police registered Lakhipur PS Case No. 79/2026, under the aforementioned Sections. Page No.# 3/3 4. The learned counsel for the petitioner submits that the accused applicants were arrested on 21.05.2026 and they have already spent 54 days behind the bars. He further submits that the accused applicants have brought these cattles in a legal manner and have been transporting them with valid documents, and, therefore, he submits that the accused applicants should be granted bail at this stage. 5. Mr D P Goswami, learned Additional Public Prosecutor has produced the Case Diary before this and after perusal of the Case Diary and taking into account the fact that the accused applicants have already spent 54 days behind the bars, this Court is of the considered view that the accused applicants should be granted bail at this stage. Accordingly, it is directed that the above named accused applicants, shall be released forthwith on bail on furnishing bail bond of Rs. 30,000/- each, with one surety of the like nature to the satisfaction of the learned CJM, Goalpara, subject to the following conditions that- (i) the accused applicants shall fully cooperate with the investigation and make themselves available as and when called for by the Investigating Officer. 6. In terms of the aforesaid directions, the instant bail application is disposed of. 7. Case Diary be returned. JUDGE Comparing Assistant